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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
194-CP
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Hanoi,
December 31, 1994
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DECREE
ON ADVERTISING ACTIVITIES ON VIETNAMESE TERRITORY
THE GOVERNMENT
Pursuant to the Law on Organization
of the Government on the 30th of September, 1992;
Pursuant to the Press Law on the 2nd of January, 1990;
With a view to creating conditions for organizations and individuals in all
economic sectors to expand and develop production-business-services and
cultural and social activities; protecting the interests of consumers; ensuring
social order and safety, protecting landscapes and the environment, and
protecting the cultural identity of the nation;
With a view to bringing advertising activities into order and into conformity
with law;
At the proposal of the Minister of Culture and Information;
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Advertising activities comprise the broad presentation and announcements on
businesses, commodities, services, trade-marks, names and logos as required by
the activities of the production-business-service establishments.
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Article 2.-
The State shall create favorable conditions for all organizations and
individuals to undertake advertising activities. All organizations and
individuals engaged in advertising activities must strictly abide by the law in
force.
Article 3.-
The State exercises unified management of advertising activities. All acts of
obstructing the lawful advertising activities. All acts of obstructing the
lawful advertising activities and all acts of misusing advertisement in any
form which damage the interests of the State, society and citizens are strictly
prohibited.
Chapter II
FORMS, MEANS AND SCOPE
OF ADVERTISEMENT
Article 4.-
Advertisement can be carried out by the voice, writing, signals, photos, paintings,
sound and other forms targeted at the broad public.
Article 5.-
1. The
contents of an advertisement are the information which the owner wishes to
convey to the broad public. They must be accurate, truthful and correctly
reflect the properties, effect and quality of the commodity, service or the
need of operation of the production-business-service establishments already
recognized by the authorized State agency.
2. The contents of an
advertisement must be clear, easily understood, free from confusion and must
conform with the Vietnamese culture and lifestyle in general and the
characteristics of each locality in particular.
3. The voice or the written
language in an advertisement must be the spoken or written language of Vietnam,
except:
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b/ Radio and television programs
in foreign languages;
c/ Trade-marks written in
abbreviations or in foreign languages. The international contact name of the
production-business-service establishment authorized by the competent State
agency. Terms already internationalized or terms which cannot be replaced by
Vietnamese.
d/ If both Vietnamese and a
foreign language are used in the advertisement:
- The Vietnamese version must be
written firs, on the upper part of the ad and with a bigger size than the
foreign language.
- The Vietnamese version must be
read first.
Article 6.-
The following contents and forms of advertisement are strictly prohibited:
1. Contrary to Vietnamese law,
harmful to the dignity, the fine customs and habits, health and the polite
manners of the Vietnamese, disclosing national secrets, untrue to the
registered quality of the goods, disparaging other persons or their goods.
2. Using the national flag, the
national anthem or emblem, portraits of leaders, the flag of the Party or the
International as background for the advertisement.
3. Having the presentation,
shapes and colors similar to traffic signals or public notice bards, or having
an unclear or uncomely presentation.
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5. Advertising for the
newspapers and literary and art works not yet licensed for publication,
distribution or performance.
6. Advertising for
pharmaceutical materials and products, cosmetics, medical appliances and other
medical activities before the authorized medical agency issues permits.
7. Making false advertisement, having
a damaging effect on the interests of the nation, an organization or an
individual.
8. Advertising on the front
page, the first page of newspapers, magazines, special issues or supplements.
9. Integrating advertisement
with the contents of news and articles, alternating advertisement with the
current affairs programs and other special programs over the radio and on the
television, except the relayed programs from foreign stations.
10. Outdoor advertisements
affecting traffic safety, hiding traffic signs or restricting the sight of the
drivers of means of transport, and pedestrians, causing difficulties to the
prevention and fight against fire, or affecting the aesthetic values of
architectures or the landscapes and environment.
11. Advertisements bills or
boards set up, installed, hung, posted up or assembled at the following places:
- Places hung with portraits of
leaders and political slogans.
- Areas where the offices of
State managerial agencies at various levels are located.
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- Squares in cities, public
parks, national parks, historical relic areas, military areas, and classified
cultural buildings of the State.
- Museums, schools, hospitals,
cemeteries, communal houses, temples, pagodas and churches.
- Places where documents of the
State are posted up for public notice.
- Advertisements which are
placed in front of or hiding earlier advertisements before expiry of their
permits.
- Advertisements strung across
water and land transport lines or along expressways.
12. Advertisements using too
loud sounds are banned from 23.00 hrs till 4.00 hrs in the morning.
Article 7.-
The means of advertisements are instruments by which the advertisement is
carried out. They comprise:
1. Newspapers, magazines,
supplements, bulletins, special issues, books, advertising folders, leaflets
and other printed and copied matters.
2. Television programs, radio
programs, advertising films, advertising music and other advertising
audio-visual tapes and disks.
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4. Illuminating objects,
airborne objects, sales agents, places where products, foods and beverages are
offered as samples, gifts are distributed or presented, and samples are
displayed; fashion shows, exhibitions of commodities, and entertainments and
sport sponsoring events accompanied with advertisements.
Article 8.-
Time frame, area and scope of advertisement:
1. The maximum time limit for
advertisement is defined as followed:
a/ An advertising period in a
daily must not exceed five days. An advertising period on the television must
not exceed eight days and must not be broadcast more than five times a day.
Over the radio it must not exceed five days and must not be broadcast more than
ten times a day.
b/ The space covered by
advertisements must not exceed 10% of the total coverage of the printed press;
the time devoted to advertisement programs must not exceed 5% of the whole time
of the radio and television program.
A supplement to a newspaper or
an additional canal on the radio or television exclusively for advertising purpose
must get the previous permission from the press management agency. The price of
a newspaper or magazine must not be raised due to the increase in the number of
advertising pages.
c/ The time limit for an outdoor
advertisement must not exceed one year. On expiry of the term, the owner of the
advertisement or the advertising organization must apply for extension and can
renew the advertisement only after the request is accepted.
d/ The forms of advertisement
stated at Items 3 and 4 of Article 7 shall have to comply with the permit from
the culture and information service as to the place and duration of the
advertisement.
Chapter
III
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Article 9.-
1. The
owner of the advertisement is an individual or an organization having the need
of advertisement and must fill the following conditions:
- It must have a business permit
if it is a production-business-service establishment.
- The commodity to be advertised
must have a certificate of standard quality issued by the authorized agency of
Vietnam.
- The trademark and logo of the
merchandise, the name of the production-business-service establishment which
wishes to be advertised must have a certificate of registration in Vietnam
issued by the authorized agency of Vietnam.
2. The owner of an advertisement
shall be answerable before law for the truthfulness and accuracy of the
contents of the advertisement.
Article
10.- The advertiser is an individual or organization who carries out all or
part of the advertising activities as requested by the advertisement owner.
1. The advertiser must fill the
following conditions:
a/ He must have a permit for
advertisement business issued by the authorized agency.
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- A State-owned business which
wants to engage in the advertising service must abide by the regulations in
Decree No.388-HDBT of the 20th of November 1991 issued by the Council of
Ministers (now the Government).
- A private company or business
which wants to engage in advertisement business must abide by the regulations
of the Corporate Law and the Law on Private Businesses;
- A business household with a
capital below the level required for a legal capital and which wants to engage
in advertising business, must abide by the regulations in Decree No. 66-HDBT of
the 2nd of March 1992 issued by the Council of Ministers (now the Government)
and the direction of the Ministry of Culture and Information.
2. The advertiser can operate
only in the locality where he has his office. He must have the permit of the
Ministry of Culture and Information if he wants to extend his advertising
activities beyond the boundary of this territory.
The advertiser must have a
professional standard, the necessary means and places of transaction and of
operation.
3. The advertiser shall have to
ask the owner of the advertisement to produce papers related to the accuracy
and truthfulness of the contents of the advertisement before he does his job,
and is responsible before law for the realization of these contents.
The relations between the owner
of the advertisement and the advertiser are based on contracts.
Article
11.- The State-owned businesses at the central agencies and in the
provinces or cities directly under the Central Government, which want to engage
in the advertising business, must have an operating permit from the Ministry of
Culture and Information.
A private company or a private
business and a business household with a capital below the level required for a
legal capital, which wants to engage in the advertising business, must have an
operating permit from the Ministry of Culture and Information.
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1. An application for advertisement
(according to the unified form issued by the Ministry of Culture and
Information).
2. A notarized copy of the
production-business-service permit.
3. A copy of the certificate of
the quality standard of the commodity, a copy of the certificate of registration
of the trade mark, the name and logo, all of which must be notarized.
4. If the advertiser is also the
applicant, he must attach to the application a notarized copy of the contract
between him and the owner of the advertisement.
5. The dossier shall be
submitted to the agency which is to issue the permit.
Article
13.- With regard to the advertisements by panels, posters, fixed or mobile
signs, besides the papers mentioned in Article 12, the dossier must also
include:
- A sketch of the place where the
advertisement is to be installed according to the local development program,
certified by the Culture and Information Section of the district or township
which manages the territory.
- A model of the advertisement;
- The contract between the advertiser
and the person who is owning or using the place and means of advertisement.
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1. Pay tax according to law;
2. Pay the fee permit of
advertisement as prescribed by the State.
The tax and fee have to be
remitted to the State budget.
Article
15.- Twenty days at the latest after receipt of the duly made dossier, the
agency authorized to issue the advertisement permit shall issue the permit. If
not, it must state the reason and send a written reply to the applicant.
Fifteen days after the signing
of the permit, if the recipient does not carry out the advertisement, the
permit shall lose its validity (except special cases when he has to wait for
the approval of the permit-issuing agency).
In case of complaint, the
complaint shall be handled by the permit-issuing agency. The complainant may
refer to a higher competent State agency if he finds the settlement
unsatisfactory.
Chapter IV
ADVERTISEMENT FOR
FOREIGN-MADE COMMODITIES AND WHEN THE OWNER OF ADVERTISEMENT IS NOT A
VIETNAMESE JURIDICAL PERSON
Article
16.- All advertising activities for foreign goods or services in Vietnam,
in which the owner of the advertisement is not a juridical person of Vietnam,
must be conducted according to a contract with an advertiser of Vietnam.
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Article
17.- Any commodities made in foreign countries which want to be advertised
in Vietnam must fill the following conditions:
1. It has been granted a permit
of import into Vietnam;
2. Its trademark and logo have
been registered for industrial property at the manufacturing country or in
Vietnam;
3. It must have a certificate of
quality standard of the manufacturing country or of Vietnam;
4. If it is a pharmaceutical
product or material, cosmetics, or a medical appliance, it must have the permit
of the Ministry of Public Health of Vietnam.
Chapter V
STATE MANAGEMENT OF
ADVERTISING ACTIVITIES
Article
18.- The Ministry of Culture and Information is the State management agency
of advertising activities throughout the country. It has the following tasks
and powers:
1. To help the Government
formulate and issue legal documents on advertisement.
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3. To inspect and handle the
violations.
4. To issue permits for
advertising activities to the central agencies and the advertising
organizations throughout the country, and allow foreign advertisements to be
conducted in Vietnam (the People's Committees in the provinces and cities shall
provide for the concrete places and forms of advertisement).
Article 19.-
The People's Committees of the provinces and cities directly under the Central
Government shall issue permits for advertising activities by the local
agencies, and carry out State management of advertisement in their territories.
Article 20.-
The directors of the publishing houses, radio and television stations, the
editors-in-chief of the newspapers and magazines which have advertising
activities must strictly observe the provisions of this Decree.
Chapter VI
INSPECTION AND HANDLING
OF VIOLATIONS
Article
21.- The specialized inspector of the Culture and Information Service shall
organize the inspection and the handling of violations in the domain of
advertisement.
Article
22.- The owner of advertisement and the head of the advertising
organization who violate the provisions in this Decree shall, depending on the
extent of the damage to the interests of the consumers, the producers, business
and service people, be subjected to administrative sanctions or investigated
for penal liability, and to pay compensations as prescribed by law.
Article
23.- The persons responsible for State management of advertisement who
violate the provisions in this Decree shall, depending on the extent of the
violation, be disciplined, receive administrative sanctions or be investigated
for penal liability.
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Chapter
VII
IMPLEMENTATION
PROVISIONS
Article
25.- This Decree takes effect as from the date of its signing.
All the earlier regulations on
advertisement contrary to this Decree are now annulled.
Article
26.- The Ministry of Culture and Information shall coordinate with
concerned branches to direct the implementation of this Decree.
Article
27.- The ministers, the heads of ministerial-level agencies and of the
agencies attached to the Government, the presidents of the People's Committees
in the provinces and cities directly under the Central Government shall have to
implement this Decree.
FOR
THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet
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